Madras High Court Says No Quota for Impoverished People In Medical Admissions Without The Approval Of The SC
(Picture used for representational purpose only)
On Wednesday, the Madras High Court declared that implementing the 10% quota for the people who are considered belonging to the economically weaker sections (EWS) within the All India Quota (AIQ) for undergraduate, postgraduate, and diploma admissions to medical and dentistry programmes is 'impermissible' without the Supreme Court's assent.
On a disdain plea filed by the DMK against the Centre, Chief Justice Sanjib Banerjee and Justice PD Audikesavalu issued the order in response to the Centre's fail to abide with such an HC order from last year on implementing OBC reservation inside the AIQ for medical admissions.
Whereas the disdain case was dismissed, the court decided on the Centre's July 29, 2021 decision notifying a 27% OBC quota and a 10% EWS quota inside the AIQ.
The court stated that the ruling was legal in terms of the quotas for SCs, STs, and OBCs, as well as the horizontal reservation for persons with disabilities.
The court, although, stated that the supplemental reservation supplied for EWS, could be allowed unless with the permission of the SC in such respect.
According to the court, the reservation specified in the notification of July 29 must be regarded as unlawful until such approval is granted.
P Wilson, a Rajya Sabha MP who represented the DMK in the matter, stated that as a consequence of the judgment, the EWS quota for medical admissions cannot be applied all across country. If they wish to implement it, they'll have to contact the SC.
Previously, the court, in examining the DMK's request that a 50 percent OBC quota be adopted in the seats relinquished by the State to the AIQ, noted that reservation in AIQ positions must be consistent across states, as it is in Tamilnadu.
The Bench said the Centre had agreed with the HC direction to grant the OBC quota in the AIQ and set up a committee from July 2020, dismissing the governing party's contempt case.
After announcement of the NEET MDS bulletin even without OBC quota, the DMK filed a contempt petition with the HC in November 2020. The Centre was already chastised by both the HC and the SC for refusal to adhere with the Madras High Court's order on the case just days before its July 29 notice.